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IN THE HIGH COURT OF KERALA AT ERNAKULAM
MR. JUSTICE HARISANKAR V. MENON, J
The Corporate Manager Of Catholic Schools – Appellant
Versus
The State Of Kerala – Respondent
JUDGMENT :
[WP(C) Nos.5182/2019, 24809/2019]
These connected writ petitions are filed by the Corporate Manager of an Aided School and a Teacher, who was working in the said school, with respect to the employment of the Teacher, her subsequent suspension and her later dismissal from service.
2. For ease of reference, the facts, as is available, in W.P.(C) No.5182 of 2019 are adopted.
The petitioner is the Corporate Manager of an Aided School. The 5th respondent herein was working as an Upper Primary School Teacher (UPST) in the said school. The dispute is essentially with respect to two spells of leave applied for by the petitioner. As regards the first spell – from 16.07.2003 to 12.11.2003 – for a period of 120 days, there is no dispute. The 5th respondent sought for the afore leave for going abroad, and the said leave was also sanctioned. The petitioner contends that after the leave period, the 5th respondent was to rejoin from 13.11.2003, and since the 5th respondent did not rejoin, proceedings were taken by informing the Manager, as evidenced by Ext.P1 letter dated 17.11.2003. On 01.12.2003, the Manager sent Ext.P2 communication to the 5th respondent at her address, as noticed in Ex
Dismissal of a teacher upheld due to unauthorized absence exceeding five years, leading to automatic cessation of service; appeal against dismissal deemed time-barred.
The court established that failure to timely challenge a foundational order renders subsequent appeals against related disciplinary actions unmaintainable.
Rule 56(4) specifically mandates that a teacher shall cease to be in service after a continuous absence of 5 years, whether with or without leave.
A public servant's unauthorized absence can lead to dismissal, even if procedural irregularities exist in the disciplinary process, if the absence is deemed as abandonment of duty.
Termination of service without inquiry and prior approval violates statutory provisions and principles of natural justice.
The court upheld the disciplinary proceedings against the petitioner, emphasizing the necessity of following statutory procedures and the exhaustion of available remedies under the Kerala Education R....
The validity of a teacher's resignation must be confirmed to ensure it is voluntary, reaffirming the obligation of educational authorities to verify resignation circumstances.
The power of suspension under Rule 67(1) of the Kerala Education Rules must align with public interest and cannot be misused for personal vendettas.
A teacher who quits service loses entitlement to benefits under Rule 51A of the Kerala Education Rules, 1959.
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